Choosing Equality: Essays and Narratives on the Desegregation Experience

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Penn State Press, 2010 - Law - 391 pages
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The Supreme Court&’s decision in Brown v. Board of Education in 1954 has long been heralded as a landmark in the progress of civil rights in the United States. But as the forces opposing affirmative action and supporting resegregation have gained ground in recent years, its legacy has been questioned. Some wonder whether the decision did more harm than good, by fomenting a backlash, or whether the desegregation it brought about might not have been accomplished anyway through legislation. Others worry about the racial paternalism they see as inherent in the desegregation project and reflected in the Brown ruling.

Choosing Equality includes contributions that give voice to these concerns, yet it provides a strong challenge to this revisionist interpretation. It does so in a unique way, by positioning the issues in the overall national context but focusing on them in the experience of one state, Delaware, that stands as a microcosm of the larger conflict. The State&’s significance to Brown lies in its contributing two of the five cases that were consolidated in the Court&’s review of the litigation. But Delaware&’s own history registered the racial conflict at the heart of the American dilemma: a slave state that fought on the side of the North in the Civil War, it experienced black migration to its cities and the ghettoization that followed but also had black farmers working as sharecroppers next to whites in its southern section. Moreover, while it saw massive resistance to desegregation, it also was the site of one of the largest and most peaceful metropolitan desegregation efforts.

This volume offers not only academic analyses of Delaware&’s experience of Brown, set in the broader framework of the debate over its significance at the national level, but also the personal voices of many of the leading participants, from judges and lawyers down to community activists and the students who lived through this important era of the civil rights movement and saw how it changed their future by giving them hope.

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Contents

Introduction by Robert L Hayman Jr and Leland Ware
1
Race and Segregation
19
A History of Race in Delaware 16391950
21
2 An Interview with the Honorable Collins Jacques Seitz Conducted by the Honorable A Leon Higginbotham Jr and by David V Stivison
74
Collins J Seitz Jr
91
Remembering Louis Redding
94
Remembering Thurgood Marshall
98
The Difference That Brown Made
104
Jea Street
194
Desegregation and Resegregation
199
Legacies of Brown v Board of Education
201
Haunted by Brown
207
The Centrality of Brown
224
Brown Social Movements and Social Change
246
Race and Sex Segregation in Schools Fifty Years After Brown
256
Prewhite and Postblack The Aesthetics of Oppression
270

A Glass Half Full
109
Education and Desegregation
117
Educational Equity and Brown v Board of Education Fifty Years of School Desegregation in Delaware
119
Lost Opportunity The Failure to Integrate Milfords Public Schools in 1954
133
Littleton Mitchell
162
11 An Interview with the Honorable Murray M Schwartz
166
The Resegregation Decisions and the New Federalism
182
Charter Schools in the Context of Brown Panacea or Faustian Bargaining?
276
Race Class and Resegregation in Delaware Delaware Schools Fifty Years After Brown
287
The Geography of Discrimination The Seattle and Louisville Cases and the Legacy of Brown v Board of Education
312
Bibliographical Essay by David K King
356
About the Contributors
378
Index
380
Copyright

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About the author (2010)

Robert L. Hayman Jr. is Professor of Law at Widener University. Among his publications is The Smart Culture: Society, Intelligence, and Law (1998).

Leland Ware is Louis L. Redding Professor for the Study of Law and Public Policy at the University of Delaware. He is the co-author of &“Brown v. Board of Education&”: Caste, Culture, and the Constitution (2003), which won the Langum Prize for Legal History in 2004, and Thurgood Marshall: Freedom's Defender (1999). He served as a trial attorney for the Civil Division of the Department of Justice from 1979 to 1984.

Bibliographic information